Justice Dept Files Suit Against Arizona.
The Justice Dept finally pulled the plug and filed a suit against Arizona on the Illegal Immigration Law Arizona passed;
The Justice Department has decided to file suit against Arizona on the grounds that the state's new immigration law illegally intrudes on federal prerogatives, law enforcement sources said Monday.
The lawsuit, which three sources said could be filed as early as Tuesday, will invoke for its main argument the legal doctrine of "preemption," which is based on the Constitution's supremacy clause and says that federal law trumps state statutes. Justice Department officials believe that enforcing immigration laws is a federal responsibility, the sources said.
A federal lawsuit will dramatically escalate the legal and political battle over the Arizona law, which gives police the power to question anyone if they have a "reasonable suspicion" that the person is an illegal immigrant. The measure has drawn words of condemnation from President Obama and Attorney General Eric H. Holder Jr. and opposition from civil rights groups. It also has prompted at least five other lawsuits. Arizona officials have urged the Obama administration not to sue.
Secretary of State Hillary Rodham Clinton first revealed last month that the Justice Department intended to sue Arizona, and department lawyers have been preparing their case, said the sources, who spoke on condition of anonymity because the government has not announced its plans. The filing is expected to include declarations from other U.S. agencies saying that the Arizona law would place a undue burden on their ability to enforce immigration laws nationwide, because Arizona police are expected to refer so many illegal immigrants to federal authorities.
The preemption doctrine has been established in Supreme Court decisions, and some legal experts have said such a federal argument likely would persuade a judge to declare the law unconstitutional.
But lawyers who helped draft the Arizona legislation have expressed doubt that a preemption argument would prevail. The law, signed by Gov. Jan Brewer (R) in April, is scheduled to take effect later this month.
The Comments on this are varied but are usually on the waste of time and energy to block a law that is already on the Federal books.
This is going to get Nasty.
ONLY the US Supreme Court has Constitutional Authority to Conduct the Trial
I came across this article. If the author is correct, why hasn't this point been brought up previously? Also if the author is correct, this shows how the Constitution is no longer relevant.
ONLY the US Supreme Court has Constitutional Authority to Conduct the Trial
FTA (emphasis and formating lost in the cut and paste):
Quote:
Does anyone read the U.S. Constitution these days? American lawyers don’t read it. Federal Judge Susan R. Bolton apparently has never read it. Same goes for our illustrious Attorney General Eric Holder. But this lawyer has read it and she is going to show you something in Our Constitution which is as plain as the nose on your face.
Article III, Sec. 2, clause 2 says:
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction…
“Original” jurisdiction means the power to conduct the “trial” of the case (as opposed to hearing an appeal from the judgment of a lower court).
[...snip...]
Judge Susan R. Bolton has no more authority to preside over this case than do you
[...snip...]
...Attorney General Eric Holder filed the case in a court which is specifically stripped of jurisdiction to hear it!
[...snip...]
Article IV, Sec. 4, requires the federal government to protect each of the States against invasion.Not only is the Obama regime refusing to perform this specific Constitutional duty - it seeks to prohibit the Sovereign STATE of Arizona from defending itself! This lawlessness on the part of the Obama regime is unmatched in the history of Our Country.